Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3049 of 2020 Arising Out of PS. Case No.-582 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

KAVITA DEVI Wife of Sunil Rai Resident of Village - Sahajadpur Jitwar, P.S.- Hajipur Sadar, District- Vaishali 2.

Sunil Rai @ Sunil Kumar Son of Yogendra Rai Resident of Village - Sahajadpur Jitwar, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

Petitioner no.2 Sunil Rai @ Sunil Kumar is already in custody. Hence prayer for anticipatory bail in respect of petitioner no.2 is infructuous now.

The petitioner no.1 is apprehending her arrest in a case registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

Petitioner no.1 Kavita Devi is mother-in-law of the

Patna High Court CR. MISC. No.3049 of 2020(3) dt.25-06-2020 2/3 victim of dowry death.

Husband of the victim is already in jail. There is general and omnibus allegation of demand of dowry and torture for the same and commission of dowry death for nonfulfillment of dowry demand. Considering the totality of the facts, especially the fact that petitioner no.1 who is a female is bearing general and omnibus allegation, let the petitioner no.1 Kavita Devi in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Hajipur Sadar P.S. Case No. 582 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner no.1 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no.1.

Patna High Court CR. MISC. No.3049 of 2020(3) dt.25-06-2020 3/3 (c) The petitioner no.1 shall not leave the country without permission of the trial Court.

Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T